TTC won’t strike during contract negotiations: Kinnear

The City of Toronto is pushing to declare the TTC an essential service and now the workers are pushing back.

Bob Kinnear, president of the Amalgamated Transit Union (ATU) Local 113 announced Thursday that the union has agreed to not strike or disrupt service during upcoming contract negotiations.

“We will act as if essential service law was already in effect,” he said.

But the union isn’t just looking for a sigh of relief from commuters. It wants the province and the city to back off on declaring the TTC an essential service before March 31, when the contracts for some 10,000 workers are set to expire.

“There is no longer a necessity to ram through legislation,” said Mr. Kinnear. “The fact is the provincial government would have weeks, maybe days, to implement legislation in order to pass by March 31.”

Contract negotiations are set to begin on Feb. 7 and the Ontario legislature doesn’t reopen until Feb. 22.

Mr. Kinnear said he is concerned about the law being expedited through the legislation process without time for proper public consultation and debate. He also said it will be difficult for the union and the TTC to begin contract negotiations “without knowing the legislative framework under which collective bargaining must proceed.”

The union is opposed to declaring TTC an essential service. In a voice message sent to TTC workers, Mr. Kinnear said the law would mean losing a say in wages, benefits and protection from outsourcing in addition to the right to strike.

During the last contract talks in 2008, TTC workers walked off the job for a day-and-a-half, having given only a couple of hours notice to the public. They were ordered back to work by the province. It is estimated that every day of a TTC strike costs the city’s economy $50-million. The final deal gave workers a 3% increase each year at an estimated cost of $164-million for the life of the contract.

Mayor Rob Ford promised during last year’s election campaign to declare the TTC an essential service, eliminating fear of sudden service disruptions. In December, city council voted 28 to 17 to ask Queen’s Park for the legislation.

Mr. Kinnear said it is “unfortunate” unions were not consulted by Mr. Ford and TTC chair Karen Stintz about the essential service legislation.

Ms. Stintz said she and Mr. Ford are open to speaking with union leaders.

“We want to have continuity of service,” said Ms. Stintz. “And if we can achieve this objective by sitting down with the union and working something out voluntarily, then it’s in our respective interest to do so.”

Michael Lynk, associate dean of law and labour professor at Western University, said the union is offering an easier way out for the province. Accepting their offer not to strike rather than making the essential service declaration could prevent a bigger battle down the road. He said the union is likely to appeal the legislation if passed.

“It would mean not having to face a showdown with a large, relatively well-financed union,” said Mr. Lynk.

Ms. Stintz would not say if the union’s offer would have any delaying effect on the March 31 deadline.

“We do need to be clear that we will be pushing forward,” said Ms. Stintz. “We are committed to the legislation.”